Discovery Sanctions Rule; Accelerated Effectiveness Requested

This filing has been withdrawn.

NASD has filed with the SEC a proposed rule change to amend Rule 10321 of the NASD Code of Arbitration Procedure ("Code") to incorporate the discovery sanctions portion of the proposed Customer and Industry Code revision.

The subject matter of this proposed rule change is addressed in the Revision of the Customer Portion of the NASD Code of Arbitration Procedure (SR-NASD-2003-158) and Revision of the Industry Portion of the NASD Code of Arbitration Procedure (SR-NASD-2004-011), which were published in the Federal Register on June 23, 2005. Therefore, this proposal is no longer necessary and has been withdrawn.